LAW OF UKRAINE

of June 1, 2000 No. 1768-III

About the government public assistance to needy families

This Law is directed to realization of the constitutional guarantees of the right of citizens to social protection - providing level of living is not lower than subsistence minimum by provision of the monetary assistance to the least socially protected families and assistance of their economic independence.

Article 1. Determination of terms

In this Law terms are used in such value:

the government public assistance to needy families (further - the government public assistance) - the monthly help which is provided to needy families in cash in the amount of which depends on the size of average monthly comprehensive income of family;

the help on finding of economic independence of needy family - interest-free returnable financial aid which is provided to one-timely idle able-bodied person from among members of needy family for the organization of business activity and assistance of her economic independence;

family - persons who together live are connected by general life, have the mutual rights and obligations. Lonely person has the rights of the family member. The family composition joins the husband, the wife; the family and the adopted children of specified persons aged up to 18 years, and also children who study on day form of education in organizations of general average professional (professional), professional prehigher, higher education (including during the period between completion of training in one of the specified educational institutions and receipt in other educational institution or during the period between completion of training in one educational qualification level and continuation of training in others provided that such period does not exceed four months) before achievement of 23 years and have no own families; unmarried full age children who are recognized as persons with disability since the childhood of I and II groups or persons with disability of the I group and live together with parents; disabled parents of the husband and the wife who live together with them and are in their dependence due to the lack of own income; person who lives together with lonely person with disability of the I group and looks after him; the woman and the man who live one family and are not in scrap, but have general children. At the same time join in family composition, irrespective of the residence (stay) or registration children who study on day form of education in organizations of general average, of professional (professional), professional prehigher, higher education before achievement of 23 years and have no own families. The family composition does not join persons which are on complete state content;

needy family - family which for the reasons, valid or independent of it, has average monthly comprehensive income below, than subsistence minimum for family;

the idle able-bodied person - person of working-age from among members of needy family which is for health reasons capable to active work and does not work, does not pass military service, is not engaged in business activity or professional independent activity, does not get education in day form in organizations of general average, professional (professional), professional prehigher, higher education;

subsistence minimum for family - the amount of the subsistence minimums calculated and approved according to the Law of Ukraine "About subsistence minimum" for persons who treat the main social and demographic national groups determined for each family depending on its structure;

average monthly comprehensive income of family - the income of all family members estimated on average in month gained by them within six months, according to the procedure, determined by the Cabinet of Ministers of Ukraine.

At the same time the average monthly comprehensive income of family does not join benefit for the orphan children and children deprived of parent guardianship who are in orphanages of family type and foster homes, the help on children over whom guardianship or custody, cash cover of the military personnel, faces of the private and the commanding structure which are directly involved in anti-terrorist operation for the period of its carrying out, direct participation in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, during implementation of the specified actions, and also other income determined by the Cabinet of Ministers of Ukraine is established.

Article 2. Legislation on the government public assistance

The legislation on the government public assistance consists of the Law of Ukraine "About subsistence minimum", this Law, other regulatory legal acts regulating legal relationship on rendering the government public assistance.

The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of provision of the public assistance to needy families are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law.

Article 3. Right to the government public assistance

The needy families which are constantly living in the territory of Ukraine and also other needy families in the cases established by the law have the right to the government public assistance.

Article 4. Bodies which are appointed and perform payment of the government public assistance

Appointment and payment of the government public assistance are performed by structural divisions concerning social protection of the population of district, district public administrations, executive bodies in the cities of Kiev and Sevastopol city, district in the cities (in case of their education) councils (further - social security authorities of the population) at the place of residence of the authorized representative of family.

The procedure for appointment, condition of payment and the basis for the termination of payment of the government public assistance, the list of the documents necessary for purpose of the help according to this Law, are established by the Cabinet of Ministers of Ukraine.

Article 5. Extent of the government public assistance

The extent of the government public assistance is determined as difference between subsistence minimum for family and its average monthly comprehensive income.

Before stabilization of economic situation in Ukraine the extent of the government public assistance is determined taking into account the level of providing subsistence minimum.

Level of providing subsistence minimum is established proceeding from opportunities of the Government budget of Ukraine and affirms along with adoption of law on the Government budget of Ukraine for the corresponding year.

For citizens who received the status of person who lives and works (studies) in the territory of the settlement to which the status mountain is provided, the subsistence minimum increases by 20 percent.

The maximum extent of the government public assistance cannot exceed subsistence minimum for family, except the cases provided by part four of this Article.

Article 6. Terms of purpose of the government public assistance

The government public assistance is appointed to six months.

To the lonely persons recognized as persons with disability, which do not have other sources to existence, the government public assistance can be appointed to six months with automatic prolongation of payment for the next six-months period according to the procedure, determined by the Cabinet of Ministers of Ukraine, without address of such person.

To lonely persons who reached 65-year age and have no other sources to existence, the government public assistance can be appointed for life.

For each child (except the child with disability) who is part of needy family, the level of providing subsistence minimum increases by 10 percent, and for each child with disability who is part of needy family for each child who contains mother (the father, the adoptive father), not being in scrap, and record about the father (mother) of this child in the Book of registration of births is performed in accordance with the established procedure on specifying of mother (father), for each child at whom one or both parents are persons with disability of I or II groups, - for 20 percent.

Article 7.

No. 646-IX is excluded according to the Law of Ukraine of 02.06.2020

Article 8. Recalculation of the extent of the government public assistance

The extent of the appointed government public assistance is recalculated according to the statement of the authorized representative of family.

In case of approval of new level of providing subsistence minimum the amount of the appointed help is recalculated without address of the authorized representative of family.

Article 9. Actions for assistance of economic independence of needy family

For the purpose of assistance of economic independence of needy family to idle able-bodied person from among members of such family which wishes to perform business activity, according to the procedure, determined by the Cabinet of Ministers of Ukraine by public service of employment one-time interest-free returnable help on finding of economic independence of needy family at the expense of means of the government budget can be given.

Procedure for assistance on receipt of economic independence of needy family, its size and terms of return are determined by the Cabinet of Ministers of Ukraine.

Article 10. Procedure for appeal of the decision, action or failure to act of the body appointing and performing payment of the government public assistance

Decisions, actions or failure to act of social security authority of the population can be appealed administratively according to the Law of Ukraine "About ministerial procedure" and/or in administrative court.

Article 11. Financing of the government public assistance

The covering of expenses on payment of the government public assistance to needy families is performed at the expense of means of the Government budget of Ukraine.

At the expense of local budgets and specially created regional funds of the public assistance local government bodies can make surcharges to the extent of the government public assistance established according to this Law proceeding from the approved regional subsistence minimum.

Article 12.

No. 646-IX is excluded according to the Law of Ukraine of 02.06.2020

Article 13. Control of correctness of appointment and payment of the government public assistance 

Control of correctness of appointment and payment of the government public assistance, use of the funds of the Government budget of Ukraine allocated for provision of such help performs the central executive body which realizes state policy in the field of the state control of observance of requirements of the legislation by provision of social support.

During provision of the government public assistance the property status of family members according to the procedure, determined by the Cabinet of Ministers of Ukraine is performed.

Article 14. Responsibility for violation of the legislation on the government public assistance

The officials guilty of violation of the law about the government public assistance needy to families, bear responsibility according to the law.

Article 15. Final provisions

1. This Law becomes effective from the date of its publication.

1-1. The extent of the government public assistance (including maximum) determined according to article 5 of this Law increases by each child aged from 3 up to 13 years in 2011 for 60 hryvnias, in 2012 - for 120 hryvnias, in 2013 - for 180 hryvnias, in 2014 - for 250 hryvnias, and on each child aged from 13 up to 18 years increases in 2011 by 100 hryvnias, in 2012 - for 230 hryvnias, in 2013 - for 360 hryvnias, in 2014 - for 500 hryvnias.

1-2. Determine that the payment due date of the government public assistance to needy families determined by part one of article 6 of this Law which it was appointed earlier is prolonged without submission of necessary documents for implementation of actions for prevention of origin and spread of koronavirusny disease (COVID-19) provided by the quarantine established by the Cabinet of Ministers of Ukraine with the subsequent carrying out recalculation of the extent of the paid government public assistance based on the statement and documents filed after the termination of effective period of the specified measures.

2. To the Cabinet of Ministers of Ukraine in two-month time from the date of publication of this Law:

make in the Verkhovna Rada of Ukraine offers on reduction of legal acts in compliance with this Law;

bring the regulatory legal acts into accord with this Law;

provide review and cancellation by executive bodies of the regulatory legal acts adopted by them which are not corresponding to this Law.

 

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